Two of the former players accused of attacking a freshman will face fewer charges in Hamilton County.

One battery charge for Brandon Hoge and one battery charge for Roberty Kitzinger has been dropped.

Hamilton County Prosecutor Sonia Leerkamp says she could not proceed with prosecuting the players unless the defense decided to waive the jurisdiction.

"After they weighed their options they decided they did not want to do that so our only option was to dismiss those," Leerkamp says.

It's now up to Hendricks County Prosecutor Patricia Baldwin to file the appropriate charges in her county.

Baldwin wasn't immediately available for comment, but Jim Crum who is representing Hoge, said in a released statement, "this was a necessary and agreed upon motion that will now allow this case to move forward without further obstacles."

But legal expert Todd Woodmansee says the decision to re-file the charges some five months after the original case was filed raises questions.

"The original option should have never been to file in Hamilton County. It should have been filed in Hendricks County. She (Leerkamp) knew that and this makes it look like once again she is trying to build a wall between herself and what is going on to try and protect somebody or some thing," says Woodmansee.

Leerkamp denies those claims, instead blaming it on efficiency issues.

"It took some time and we wanted the defendants to have sufficient time to weigh all of their options."

Both players still face charges in Hamilton County.

Kitzinger still faces two counts of criminal recklessness and one county battery.

Hoge still faces one count of criminal recklessness and one battery count.

Those charges stem from alleged attacks in a team locker room.

Hoge and Kitzinger were the only two players charged in both the bus and the locker room attacks.